Skip to main content
discipline 3 October 2026

The duty in context

Fair, reasonable and lawful fees client

The lawyer's remuneration must be fair and reasonable, must comply with any restrictions on contingency or percentage charging, and the lawyer must not propose or accept an illegal fee arrangement.

114 cases 37% strike-off avg suspension 17.8 mo avg fine 8,000 18 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 1.2; CCS 5.1(d) partial 34 cases
1.2 You do not abuse your position by taking unfair advantage of clients or others. 5.1 ... (d) you do not receive payments relating to a referral or make payments to an introducer in respect of clients who are the subject of criminal proceedings.
E&W Barristers BSB Handbook rC9.7 partial 15 cases
rC9.7 you must only propose, or accept, fee arrangements which are legal.
Cayman Islands Legal Services Code 2026 R.3.2(g) partial
only propose, or accept, fee arrangements which are legal
AU Solicitors Solicitors' Conduct Rules Rule 12.2 partial 30 cases
A solicitor must not do anything: (a) calculated to dispose a client or a third party to confer on the solicitor, either directly or indirectly, any benefit in excess of the solicitor's fair and reasonable remuneration for legal services provided to the client, or (b) that the solicitor knows, or ought reasonably to anticipate, is likely to induce the client or third party to confer such a benefit and is not reasonably incidental to the performance of the retainer.
AU Barristers Uniform Barristers Rules rr22,46 partial 11 cases
A barrister must not set the level of an acceptable fee, for the purposes of Rule 21(c), higher than the barrister would otherwise set if the barrister were willing to accept the brief, with the intent that the solicitor may be deterred from continuing to offer the brief to the barrister. ... exercise any undue influence intended to dispose the client to benefit the barrister in excess of the barrister's fair remuneration.
IE Solicitors Law Society Guide Ch10 — Excessive fees; Restriction on calculation of charges as a percentage of damages strong 2 cases
it is an implied term of the contract between the solicitor and the client that the remuneration of the solicitor will be fair and reasonable... In contentious matters, except debt collection matters, a solicitor may not calculate charges as a specified percentage or proportion of any damages or other monies that may become payable to the client.
IE Barristers Bar Code of Conduct Rule 12.7; Rule 12.4 strong 2 cases
Barristers may not accept instructions on condition that payment will be subsequently fixed as a percentage or other proportion of the amount awarded other than in relation to a matter seeking only to recover a debt or liquidated demand.
JM Attorneys Canons of Professional Ethics Canon IV(e); Canon IV(f) strong 10 cases
(e) An Attorney shall not enter into an agreement for or charge or collect an illegal fee. (f) The fees that an Attorney may charge shall be fair and reasonable and in determining the fairness and reasonableness of a fee any of the following factors may be taken into account
JE Lawyers Law Society of Jersey Code R.4.2 g) partial
Members must: ... g) only propose, or accept, fee arrangements which are legal.
ON Lawyers LSO Rules of Prof. Conduct r 3.6-1; r 3.6-2 strong
3.6-1 A lawyer shall not charge or accept any amount for a fee or disbursement unless it is fair and reasonable and has been disclosed in a timely fashion. [3.6-2 Subject to rule 3.6-1, except in family law, Criminal Code (Canada) or any other criminal or quasi-criminal matters, a lawyer may enter into a contingency fee agreement in accordance with the Solicitors Act and the regulations made under it.]
BC Lawyers BC Code r 3.6-1 strong 3 cases
A lawyer must not charge or accept a fee or disbursement, including interest, unless it is fair and reasonable and has been disclosed in a timely fashion.
NZ Lawyers Conduct & Client Care Rules r 9 strong
A lawyer must not charge a client more than a fee that is fair and reasonable for the services provided, having regard to the interests of both client and lawyer and having regard also to the factors set out in rule 9.1.
SCO Solicitors LSS Standards of Conduct B1.11 strong 10 cases
The fees you charge must be fair and reasonable in all the circumstances.
SG Lawyers Professional Conduct Rules 2015 r 17 (Professional fees and costs); r 18 (Contingency fees prohibited) partial 5 cases
17 Professional fees and costs; 18 Contingency fees prohibited
HK Solicitors Solicitors' Guide Principle 4.13 / Principle 4.17 strong
A solicitor must not overcharge. ... A solicitor may not enter into a contingency fee arrangement for acting in contentious proceedings: see section 64 of the Legal Practitioners Ordinance (Cap. 159).
HK Barristers Bar Code of Conduct para 9.1(b); para 9.9 strong
in default of such agreement between the barrister and the instructing person, a proper and reasonable sum in all the circumstances. ... A practising barrister may not accept a brief or instructions on terms that payment of fees shall depend upon or be related to a contingency.

Cases dealing with this duty

Clear

114 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern

  • Clark, Reanna (Aka Jessica Chanelle) Biancé
    OLSC solicitor Reanna Clark Lawyers 2018-03-02 rule cited

    Misappropriated trust money Misled the trust account investigator in the exercise of his functions Borrowed moneys from client contrary to Rule 12.3 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rul…

    Suspension of Practising Certificate for year ending 30 June 2018 $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • David Grant Rattray
    SSDT solicitor David Grant Rattray, 36 Alma Street, Falkirk 2017-10-04 found breached text match
    strike_off No Appeal 1 PDF View decision
  • William Walls
    SSDT solicitor William Walls, 1 Muir Gardens, St Andrews 2017-10-04 found breached
    strike_off No Appeal 1 PDF View decision
  • Alison Hazel Margaret Greer
    SSDT solicitor Alison Hazel Margaret Greer, 5 Brady Crescent, Moodiesburn, Glasgow 2017-05-11 found breached text match
    strike_off No Appeal 1 PDF View decision
  • Alan Miller, Joseph Mullen, Paul McHolland and James Price
    SSDT solicitor Alan Matthew Miller, 22 Broomknowe Avenue, Lenzie, Joseph Mullen, 9 Glen Mark, St Leonard’s, East Kilbride, Paul John McHolland, 24 Portland Road, Kilmarnock and James Price, formerly residing at 2 Rigside, Douglas Water, Lanark and now residing at Calle Java 19, 29591, Malaga, Spain 2017-05-08 found breached
    strike_off No Appeal 1 PDF View decision
  • Udeh Kumar s/o Sethuraju
    SG-DT lawyer S K Kumar Law Practice LLP 2017-03-22 rule cited
    Struck off the roll with immediate effect 1 PDF View decision
  • Philip Simon Hogg
    SSDT solicitor Philip Simon Hogg, residing at 9 Crossdykes, Kirkintilloch 2016-08-25 found breached text match
    suspension No Appeal 1 PDF View decision
  • Kieran Quill
    LSI solicitor J Hodnett & Son, Solicitors, Nelson House, Emmet Place, Youghal, Co Cork 2016-07-11 text match

    In the matter of Kieran Quill, a solicitor formerly practising as principal of J Hodnett & Son, Solicitors, Nelson House, Emmet Place, Youghal, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [4513/DT112/14,…

    strike_off View decision
  • Berwick, John Patrick
    OLSC barrister [2016] NSWCATOD 81 2016-06-23 found breached

    Professional Misconduct: Practitioner received two payments of trust money from his (then) client in June and July 2012 in contravention of section 252 LPA 2004 by depositing those monies into a mortgage account before …

    Costs Reprimand Undertaking, to be filed in the Tribunal, that he will not apply for a practising certificate as a barrister or as a solicitor in any jurisdiction at any time in the future Ordered to pay compensation in the amount of $25,000 (NSWCATOD 06.09.2017) $0.00 3 PDFs View decision
  • Humphrey Lee Mcpherson
    GLC attorney 206 of 2002 2016-01-30 found breached

    Struck off, Restitution ordered | Disciplinary Committee decision delivered January 30, 2016. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 206/2002 BETWEEN IELA JOYCE STUART…

    Struck off, Restitution ordered 1 PDF View decision
  • Philip Joseph Shiner & John Dickinson
    SDT solicitor 11510/2016 2016-01-01 text match

    Breaches

    Strike off 1 PDF View decision
  • Elisabeth Bessie Anne Cousins & Simon Smith
    SDT solicitor 11553/2016 2016-01-01 text match

    Breaches

    S.43 Order (clerks) 1 PDF View decision
  • Quinn, Michael John
    OLSC solicitor Quinn Lawyers Pty Limitecd 2015-03-19 text match

    1. Incurring costs without authority 2. Charging outside scale 3. Charging grossly excessive costs — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Steven Platts & Another
    SDT solicitor 11366/2015 2015-01-01 found breached

    Breaches, Solicitors' Accounts Rules

    Fine, S.43 Order (clerks) 1 PDF View decision
  • Premji Naran Patel
    SDT solicitor 11328/2015 2015-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • John Philip Dunne
    SDT solicitor 11318/2014 2014-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    S.43 Order (clerks) 1 PDF View decision
  • Chandrika Achala Devi URBAN
    LSC-QLD solicitor N/A 2013-10-01 found breached text match

    Guilty of professional misconduct on 9 charges. Guilty of unsatisfactory professional conduct on 6 charges.

    other 1 PDF View decision
  • MARTIN LEE SEGLER
    LPBWA lawyer 572 Hay Street PERTH WA 6000 Legal Profession Complaints Committee v Segler [2013] WASAT 117 and [2013] WASAT 117 (S) 2013-08-02 text match

    Professional Misconduct

    Professional Misconduct 2 PDFs View decision
  • PAUL JOHN O'HALLORAN
    LPBWA lawyer PO Box 2408 NORTHBRIDGE WA 6865 Legal Profession Complaints Committee v O'Halloran [2013] WASAT 105 2013-05-10 found breached

    Professional Misconduct

    Professional Misconduct 1 PDF View decision
  • Scroope, Philip James
    OLSC solicitor Keddies Litigation Lawyers [2012] NSWADT 107 2012-06-04 text match

    Conduct in the preparation of a bill of costs resulting in the charging of grossly excessive legal costs — Unsatisfactory Professional Conduct

    Costs Fine Reprimand $2,000.00 Appeal Status: Upheld in Part Appeal Decision View decision
  • Keddie, Russell Walter
    OLSC solicitor Keddies Litigation Lawyers [2012] NSWADT 106 2012-06-04 text match

    Charging of grossly excessive fees — Professional Misconduct

    Costs Removal of practitioner's name from the Roll of Local Lawyers Local practising certficate not to be issued to the practitioner before the expiration of five years following date of ADT decision $0.00 View decision
  • Sheehan, Marshall
    OLSC solicitor (Formerly) Marshall Sheehan & Associates [2012] NSWADT 100 2012-05-24 text match

    1. Transferring costs without authority 2. Failure to render accounts 3. Making unlawful/unauthorised drawings from trust funds 4. Wilfully breaching section 61 of the Legal Profession Act, 1987 - handling of trust mone…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 View decision
  • Rico Rey Hipolito
    LSBC lawyer 2012-04-12 found breached

    Agreed Statement of Facts

    Agreed Statement of Facts 1 PDF View decision
  • William John Owen
    SDT solicitor 11068/2012 2012-01-01 text match

    Breaches, Client Money, Criminal Convictions, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Jacqueline Levesque
    LSBC lawyer 2011-05-12 found breached

    Agreed Statement of Facts

    Agreed Statement of Facts 1 PDF View decision

Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.